Utah Governor considers a bill targeting gay clubs in schools
Utah Governor Jon Huntsman, Jr. is considering a bill that targets gay clubs in schools but will affect other student groups. The bill has landed on his desk only after considerable tinkering by members of both the Utah house and senate. During last year’s legislative session, the governor signaled his opposition to a previous version of the bill. While he has not indicated he will sign the latest version, he says, "I'll take a look at it." The bill has been scaled back since introduced by its sponsors, state representative Aaron Tilton and state senator Chris Buttars. Facing heavy opposition in the legislature, Mr. Tilton and Mr. Buttars in a conference committee agreed to eliminate several proposed regulations, such as requirements that students submit a club application by Oct. 15 and that the application include a constitution or bylaws. Left intact was the requirement that students state the purpose of the club and its budget, if any. Mr. Tilton is championing the parental consent portion of the legislation, which would require students to get their parents' signature before joining a group. The bill also permits parents to review material presented to the club the day after a meeting. Mr. Buttars, on the other hand, believes the bill will give administrators the ability to block clubs such as the Gay Straight Alliance (GSA) without fearing a massive legal bill. He expects the attorney general’s office to handle any lawsuits that would stem from a school district blocking a club. Mr. Tilton believes federal law would not allow administrators to block GSAs. However, state senator Scott McCoy, believes otherwise. Nevertheless, he expects a school to try to block a club and he expects that group to then sue the school. He argues that "the hook" in the bill is a requirement that clubs could not violate "the boundaries of socially appropriate behavior." The legislation makes no attempt to define the term.
Salt Lake Tribune
By Matt Canham
[Full story]
[Editor’s Note: For information from last year on a similar proposal in Georgia, see the first link. Another such proposal recently was rejected in the Virginia Senate. For background on related legal disputes and attempts to resolve them without resort to costly litigation, see the second link.]
[NSBA School Law pages on Georgia proposal]
[NSBA School Law pages on legal disputes over sexual orientation]